Goode v. Illinois Trust & Savings Bank
Appellate Court of Illinois
Action commenced before justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Julian W. Mack, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court.
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Action commenced before justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Julian W. Mack, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. Goode recovered a judgment for $58 and costs before a justice of the peace against Flora D. Hill (impleaded as Mrs. Henry L. Hill) and P. L. Austin for work done and material furnished by Goode in making certain repairs upon a building belonging to Mrs. Hill and in the possession of Austin as tenant. Mrs. Hill filed her bond in and perfected an appeal to the Circuit Court. Pending the…
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
Appellant contends that it was error for the Circuit Court to hear and to dispose of the cause in the absence of Austin, one of the defendants in the justice court. This contention is based upon the provisions of section 70 of the Justice of the Peace Act of 1872. This section is omitted from the revision of that Act in 1895, which is entitled “An act to revise the law in relation to justices of the peace and constables.” The revision in 176 sections purports to cover the entire subject-matter contained in its title. By article ten…
2Cases cited2 opinions
- Anderson v. MooreIllinois Supreme Court · 1893
- Brownmark v. LivingstonAppellate Court of Illinois · 1902